1 2025:CGHC:58990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2553 of 2023 1 - Ku. Priyanka D/o Shri Indar Sai Ram Aged About 23 Years R/o Patelpara Shankargargh Janpad Panchayat Shankargarh, P.S. - Shankargarh District Balrampur-Ramanujganj (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through - The Secretary, Department Of Tribal Welfare Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh. 2 - The Collector Balrampur Ramanujganj District Balrampur- Ramanujganj (C.G.). 3 - The Assistant Commissioner Tribal Development, Balrampur, District Balrampur-Ramanujganj (C.G.). 4 - The District Education Officer Ramanujganj District Balrampur- Ramanujganj (C.G.). 5 - The Chief Executive Officer Jila Panchayat Balrampur-Ramanujganj District Balrampur-Ramanujganj (C.G.). 6 - The Chief Executive Officer Janpad Panchayat Shankargarh, District Balrampur-Ramanujganj (C.G.). 7 - The Block Education Officer Block Shankargarh, District Balrampur- Ramanujganj (C.G.). ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Ms. Kusum Lalchandani, Advocate on behalf of Mr. Akath Kumar Yadav, Advocate. For Respondent/State : Mr. Rahul Tamaskar, G.A. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 04/12/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 To call for the records of the case for the kind perusal of this Hon'ble Court. 10.2 To issue an appropriate writ or order and direct the respondent authorities to give employment in Janpad panchayat Shankargarh as per letter dated 08.08.19 issued by the respondent no.5 to respondent no.6, and letter dated 16-07-2020 issued by the respondent no.6 to respondent no.3 in respect of appointment of the petitioner on the post of peon or Assistant teacher panchayat. 10.3 That as per the circular issued by the authority concerned on 06-05-2003 and 15-07-2003 Hon'ble court may please to direct the respondent authorities to give employment on the post of class III & Class IV 3 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authority to consider the application of the petitioner dated 02/08/2022 in the interest of justice. 10.5 Any other relief deemed fit in the facts and circumstances of the case may also be granted.” 2. Brief facts of the case, is that, the petitioner is not challenging any particular order but is seeking a direction from this Hon’ble Court to instruct the respondent authorities to provide her employment in Janpad Panchayat Shankargarh in accordance with the letter dated 08.08.2019 issued by respondent No. 5 to respondent No. 6 and the subsequent letter dated 16.07.2020 issued by respondent No. 6 to respondent No. 3, upon which no action has been taken till date, and the matter has remained unattended for a long period. The Hon’ble President of India has included five Scheduled Tribes of Chhattisgarh—Abhujmarhia, Kamar, Birhor, Pahari Korwa, and Baiga—under the category of special backward tribes, with Pahari Korwa and Baiga being the most populous primitive tribal groups in the State. Respondent No. 6 had also submitted an application along with all necessary documents before respondent No. 3 for providing employment to the petitioner, and copies of the letters dated 08.08.2019 and 16.07.2020. On 27.06.2022, the then State Government led by 4 the Chief Minister, Shri Bhupesh Baghel, publicly announced that government jobs would be provided to all eligible youths belonging to special backward tribes in Chhattisgarh, following a request made by a Pahari Korwa woman during a public interaction. In total, seven tribal communities in the State fall under this category, and while the Union Government has recognized five of them, the State Government has additionally included the Pando and Bhunjia tribes. As per government records, 9,623 eligible youths from these communities are registered with employment exchanges and were assured government jobs, with an estimated annual financial impact of Rs. 346.43 crores. The initiative aims to benefit over 9,000 youths belonging to particularly vulnerable tribal groups (PVTGs), ensuring direct recruitment to government posts based on qualifications. In the meeting of the Chhattisgarh Tribal Advisory Committee chaired by the Chief Minister in August 2019, it was resolved that eligible educated youths from special backward tribes would be provided government employment after completion of a survey. Pursuant to this, respondent No. 5 issued a letter dated 08.08.2019 to respondent No. 6, and respondent No. 6 issued a letter dated 16.07.2020 to respondent No. 3 concerning the petitioner’s appointment to the post of Peon or Assistant Teacher Panchayat in Janpad Panchayat Shankargarh, 5 District Balrampur–Ramanujganj. After due verification of her documents, respondent No. 5 specifically shortlisted the petitioner, who belongs to the Pahari Korwa primitive tribal group, in the year 2019. As per Circular No. F9-6/2002/1/3 dated 15.07.2003 issued by the Department of General Administration, a decision has been taken to directly recruit primitive tribal persons belonging to Pahari Korwa and Abhujmarhia communities. Despite the petitioner’s eligible status and her shortlisting for a Class III or Class IV post, the respondent authorities have taken no consequential action, and the posts remain vacant, with only the formality of shortlisting having been completed. Hence, this petition. 3. Learned counsel for the petitioner submits that the petitioner, namely, Ku. Priyanka, who belongs to the Primitive Tribal community of Pahari Korwa, seeks appointment under the special category reservation for either the post of Peon or Assistant Teacher in the Panchayat. According to the State Government’s circular dated 15th July 2003, members of the Primitive Tribal groups, including the Pahari Korwa, are entitled to special benefits in appointments based on their qualifications. In furtherance of this, the Chief Executive Officer of Jila Panchayat, Balrampur-Ramanujganj, Chhattisgarh, issued a letter dated 8th August 2019 recognizing the petitioner’s eligibility, however, 6 despite this acknowledgment, no appointment has been made to date, prompting the petitioner to file the present petition seeking appropriate relief. 4. On the other hand, learned counsel representing the State, in the course of filing the reply, has contended that the petitioner has failed to produce a valid and permanent caste certificate that has been duly verified and authenticated by the competent authorities. In the absence of such verified documentation, the authorities were unable to consider the petitioner’s claim for appointment, thereby justifying the denial of the said appointment. 5. At this stage of the proceedings, learned counsel appearing on behalf of the petitioner submits that the petitioner is in possession of a valid and permanent caste certificate. This certificate, which has been duly annexed to the petition, serves as conclusive evidence in support of the petitioner's claim. Furthermore, it has been expressly affirmed by the concerned Chief Executive Officer (CEO) in the relevant official records. The petitioner has also formally filed this certificate along with the present petition as Annexure-P/5, which was issued by the Sub Divisional Officer of Kusmi. This documentary evidence, therefore, conclusively establishes the petitioner's entitlement and status as claimed in the petition. 7 6. I have heard learned counsel for the parties and perused the material available on record. 7. The assertion put forth by the respondent/State, alleging that the petitioner has failed to submit the permanent caste certificate, is unfounded and does not align with the established legal principles and procedural requirements. Such a contention is therefore devoid of merit and inconsistent with the relevant statutory provisions and judicial precedents governing the matter. 8. Considering the facts and circumstances of the case, and in particular the petitioner’s possession of a valid permanent caste certificate identifying them as a member of the Primitive Tribal Community of Korwa, which is listed as a Scheduled Tribe at Serial No. 27, the concerned respondent State authorities are hereby directed to carefully consider the petitioner’s case. If the petitioner is found to be eligible in all respects, the authorities shall issue the appointment order forthwith, in accordance with the letter dated 8th August 2019 issued by the Chief Executive Officer of the Jila Panchayat, Balrampur-Ramanujganj, Chhattisgarh. 9. This exercise be done within a period of 45 days from the date of receipt of copy of this order. 10. Should any additional documents be required, it is the solemn responsibility of the respective respondent authorities to promptly 8 inform the petitioner. This obligation arises particularly because the petitioner belongs to the Primitive Tribal Community of Korwa, a community that holds a special constitutional recognition and is regarded with the status akin to that of an adopted son of the Hon’ble President of India. Accordingly, the authorities must exercise due diligence and sensitivity in ensuring that all procedural requirements are communicated clearly and without delay to facilitate the petitioner’s rightful access to benefits and protections. 11. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat